The Confirmation Hearings

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Quincy Q says:

    I think Sotomayor eventual confirmation will signal yet another new beginning for our country. Appointing her as a justice will not only improve the image of our country and justice system, but will also go a long way in also improving the general image of lawyers in this country.

  2. A.W. says:

    Sure, its all very insightful except for the part where she lied blatantly about her own words and the dems shamelessly smile and play along.

    I guess that is insightful in its own way.

    and improve the image of lawyers? we are placing a person on the bench who clearly does not believe in equal justice before the law. its hard to call that an improvement.

  3. Vladimir says:

    Gerard, on the canonization of Justice Jackson’s Youngstown concurrence — it’s because Americans of all political stripes loathe judicial formalism and love the free-wheeling, subjective, legal realist analysis Jackson advocates, particularly his embrace of judicial creativity and rejection of the idea that the Founders have anything relevant to say to us today.

    Oh wait… which is to say, you’re asking a really good question. (For what it’s worth, every time I teach it, I fall in love all over again — Jackson’s writing is a thing of beauty!)

  4. Bill Reynolds says:

    Vladimir hit it on Youngstown. No BS on precedent or original meaning; simply what makes sense in this scheme we have. Jackson was a wonderful writer. Compare Kennedy who tries oh so hard and never makes it.